This report advocates the consolidation of Alberta’s core succession statutes into one Act. A single piece of consolidated legislation covering all the essentials of statutory succession law would be a convenient reference tool for use by both practitioners and the public. The consolidated legislation will promote accessibility and ease of use of our statutory succession law. This report contains detailed research that identifies all succession-related statutes and statutory provisions and identifies Alberta legislation that is death-related but does not directly deal with succession issues. This report recommends that Alberta’s consolidated succession statute be composed mainly of the eight currently separate statutes that apply exclusively to succession law: Administration of Estates Act, Devolution of Real Property Act, Family Relief Act, Intestate Succession Act, Survival of Actions Act, Survivorship Act, Wills Act, and Ultimate Heir Act. It does not recommend that the statute consolidates all the many individual statutory provisions relating to succession that are found in comprehensive or specialized statutes. Only a few of the independent provision that can safely be moved from their current locations should be incorporated: section 47 of the Trustee Act, selected section from the Law of Property Act, Part 1 (Transfer and Descent of Land).
Final Report
Back to Publication SearchReport on a Succession Consolidation Statute, Final Report 87
Resource Details
Publication No: | 87 |
FORMAT: | Publications |
TAGS: | Inheritance and succession, Law and legislation, alberta |
FILE: | fr087.pdf |